Dear Claudienne

I had a loan with RBTT Bank, which is now Sagicor Bank. I borrowed the money from RBTT and I used my land title as collateral to obtain the loan. I had a lot of difficulty in repaying the loan but I was finally able to complete the payments in October 2014. However, I still have a credit card and I owe the bank money on it that I have not been able to pay off. When I enquired about the bank returning my land title to me, I was told that it would not be returned until I clear off the credit card debt.

I am just wondering if the bank has a right legally to continue to hold my title.

I would appreciate your advice on this matter.

EG

Dear EG

Tell Claudienne has been in communication with an attorney at Sagicor Bank regarding your query. After you authorised the bank to give us information about your account they responded to our query as follows:

“EG had a loan facility with the Bank through its predecessor in title RBTT Bank Jamaica Limited. The facility was secured by way of mortgage over a parcel of land. He also maintained a credit card with the Bank. Both loans fell into default. The loan for which the mortgage was originally held as security was eventually paid in full by the client in or about October 2014. However, EG did not clear the credit card debt. The mortgage contains a clause which allows the bank to hold the mortgage as security for any present or future indebtedness of the client on whichever account is maintained at the bank; this includes credit card accounts.

By an e-mail to the client sent in October 2014 , the Bank communicated to him that until the credit card debt was paid in full we would not be releasing the Duplicate Certificate of Title to him. It is entitled to do so pursuant to the Mortgage Instrument.

We are aware that efforts are being made by EG to try and clear the indebtedness.

If you have any further questions, please do not hesitate to contact me.”

Please try to finalise your credit card loan payments, so that you can obtain your certificate of title from the bank.

Good luck.

Dear Claudienne

I am writing this letter on behalf of my brother who lives in the USA. He lost all of his identification papers including his driver’s licence. He only has his passport. But when he sent his passport and birth certificate to the Jamaican Embassy in New York to have his passport renewed, they told him that the names were spelt differently on both documents.

For over a year he has been trying to have the matter resolved, but after paying about US$300 he still has not been able to get the problem sorted out. He sent all the documents to the Registrar General’s Department (RGD) that they asked for. However, the RGD keeps sending him a birth certificate with the first name GREGROY. The first name on his GREEN CARD, SOCIAL SECURITY and PASSPORT is GREGORY, and that is the name that he has been using all his life. He mailed two passport pictures and a notarised copy of his passport to the RGD, but when I called the Spanish Town RGD office to check if they had received all his papers, I was told that his file with all the papers and pictures could not be found.

Please assist me to have this matter resolved.

VM

Dear VM

We contacted the RGD and they have advised us that an e-mail was sent to you on February 16, 2015.

The e-mail the RGD sent to you stated the following:

“Attempts were made to contact you on the numbers provided; however, on the personal cell number the voice mail recording stated that incoming calls were restricted. On the work number someone answered and said that it was a wrong number.

Hence, I am using this medium to inform you that the system was checked and the certificates for your brother GM were processed and sent for delivery to his address.

You can track the certificates by logging on to the Jamaica Post website www.jamaicapost.gov.jm international tracking # EE001837081JM.

Additionally, please be advised that the correction that was made to the first name will reflect at the bottom of the certificate indicating that an amendment was made.”

We hope that your brother has finally received his documents.

Good luck.

Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.